souvenir- inner pages - International Association of Sports Law

Dear Prof. Dr. Amaresh,I herewith, would like to express my sincerest congratulations to you towards spreadingthe knowledge of Sports Law and CAS Jurisprudence in India by organising R.K. JainSports Law Knowledge Lecture and Seminar, you have taken the important Initiative toorganise the Sports Law Knowledge Lecture and Seminar on “New Developments inInternational Sports Law and CAS Jurisprudence from The Perspective of Sports Lawin India”, to take place in New Delhi, 26 February 2011. I wish you and your fellowmembers of the Organising Committee and all other participants a very successfulconference. The results of which, I am sure will essentially contribute to the furtherdevelopment of sports law in India, the Asian region and the world at large.I thank you for this important information which will be published at www.sportslaw.nlI very much would like to publish the text of papers which will be presented in the seminar.Best regards,RobThe Hague, 14 February 2011Prof. Dr Robert C.R. Siekmann,Director, ASSER International Sports Law Centre, The Hague,& Professor of International and European Sports Law,School of Law, Erasmus University Rotterdam, The Netherlands.”R.K. JAIN - Sports Law Knowledge Lecture & Seminar - www.sportslawindia.info5

Dear Prof. Amaresh,Dear Colleague,I am an Italian attorney-at-law working in Lausanne/Switzerland in one of the world leadinglaw firm specialised in sports law. In particular we advise athlete, clubs, coaches, federations(national and international) both in judicial and in contractual matters. You can find my personalprofile on www.libra-law.ch and in Linkedin at: http://www.linkedin.com/in/lucatettamantiIn order to avoid any loss of your time, I shall go directly to the issue of my e-mail. While I wasmaking some searches on the web I noticed your interesting event organised for the next 26February 2011 in New Dehli, i.e. :“The New Developments In International Sports Law & CAS Jurisprudence With Perspectiveof Sports Law in India”Unfourtunately I shall not be able to attend personally.However I would be really interested to know whether in the Statutes and/or Regulations ofIndian Federations does exist nowadays a jurisdiction clause in favour of CAS or if theGoverning Bodies are eager to insert such type of clause to instruct CAS as Body of last instancefor international but also for internal matters.In this sense, and for your convenience, I can also let you know that I had already the opportunityto work on some internal disputes of National Federations which were decided by the Courtof Arbitration for Sport during the last year, due to jurisdiction clauses inserted in their Statutes.Professionally speaking, this could be an interesting starting point for an eventual futurecooperation.Should you have any further doubts or should you need any further information in this regard,please feel free to contact me.I thank you in advance for your attention and, looking forward to hearing from you, I sendyou my best regards.Luca TettamantiAvvocato - Attorney-at-lawLL.M. International Sports LawMaison du Sport international54, avenue de RhodanieCase postale 30CH-1000 Lausanne 36 R.K. JAIN - Sports Law Knowledge Lecture & Seminar - www.sportslawindia.info

13 JANUARY 2011 - News EXECUTIVE BOARDCONCLUDES FIRST MEETING OF THE NEW YEARThe Executive Board (EB) of the International OlympicCommittee (IOC) wrapped up its first meeting of 2011 inLausanne today, coinciding with the one-year-to-go markuntil the first Winter Youth Olympic Games in Innsbruck,Austria, from 13 to 22 January 2012.As celebrations commemorating the milestone weretaking place in Innsbruck, EB members at the IOCheadquarters were busy making decisions on a number ofissues ranging from bidding timelines for the 2020 OlympicGames to matters affecting National Olympic Committees(NOCs).Athletes and EntouragesThe EB kicked off its two-day meeting by conveningwith the IOC Athletes’ Commission. Topics on the agendaincluded the promising development of the IOC AthleteCareer Programme – which has so far involved 6,800 athletesfrom 27 NOCs; the fight against doping; the success of thefirst Youth Olympic Games last August in Singapore; andthe 5th International Athletes’ Forum, which will take placein Colorado Springs (USA) in October. The EB and theathletes’ representatives also exchanged their views on theEntourage Commission, which was recently establishedbased on the recommendation of the 2009 OlympicCongress and met for the first time last month. TheCommission is tasked with addressing matters related tomanaging all aspects of an athlete’s career, which includesthose related to coaches, managers, parents and sponsors.Bidding timelines agreed for 2020 GamesThe EB agreed on a timeline for the bidding process forthe 2020 Olympic Games that the IOC will distribute to allNational Olympic Committees (NOC) later this month. TheNOCs have until 1 September to submit the name of anapplicant city, and these cities will then be required to submittheir application files and guarantee letters to the IOC by 15February 2012. The election of the Host City of the 2020Olympic Games will be made on 7 September 2013 duringthe 125th IOC Session in Buenos Aires, Argentina.Ethics Commission welcomes new memberSpanish Ambassador and Secretary General of theUnion Latine Jose Luis Dicenta Ballester was appointed fora four-year term as a member of the Ethics Commission,replacing Peruvian Ambassador Javier Pérez de Cuéllar.National Olympic CommitteesThe EB also discussed several NOC-related issues,including those affecting Netherlands Antilles, Ghana, Indiaand Panama.Netherlands Antilles: The IOC Executive Boardcarefully examined the situation of the NOC of theNetherlands Antilles and the athletes of the five islands inthe light of the new institutional and constitutional structurethat has been effective as from 10 October 2010.In view of the Olympic Charter and having noted that,as a consequence of the formal dissolution of theNetherlands Antilles on 10 October 2010, this territory nolonger legally exists as such, the IOC Executive Board tookthe following decisions:1. Propose that the forthcoming IOC Session in Durban(July 2011) withdraw IOC recognition from the NetherlandsAntilles NOC (with a number of accompanying measuresfor the athletes linked to the 2012 Olympic Games inLondon).2. Ask for close cooperation from the IFs concernedaimed at (i) safeguarding the interests of the athletes andfacilitating a smooth transition in the framework of theircompetences and competitions and (ii) ensuring theapplication of the measures for the athletes that will be takenby the IOC vis-à-vis the 2012 Olympic Games.3. Confirm that, pursuant to the rules of the OlympicCharter currently in force, no new NOC can be recognisedfor any of the five islands which made up the “NetherlandsAntilles” until 10 October 2010.These decisions were taken in the legal scope of theOlympic Charter, but also with a view to preserving andprotecting wherever possible the interests of the athletes ofthese islands.R.K. JAIN - Sports Law Knowledge Lecture & Seminar - www.sportslawindia.info7

Ghana: The IOC has deployed every possible effort inorder to help resolve the situation that the NOC of Ghanahas been facing for 18 months and find a long-term solutionwith all parties concerned.However, the obvious lack of cooperation of thegovernment authorities in Ghana and lack of respect of theGhana public authorities’ written commitment to take allnecessary actions to revise the sports legislation in Ghanabefore the end of 2010 in a sense that would allow the NOCand the Olympic Movement in Ghana to operate in fullautonomy and in accordance with the Olympic Charter haveforced the IOC Executive Board to decide to suspend theNOC of Ghana in order to protect the Olympic Movementin Ghana (pursuant to the applicable rules of the OlympicCharter, in particular Rule 28.9), with all consequencesprovided for in the Olympic Charter.India: As discussed and agreed during a meetingbetween the IOC, the NOC of India and representatives ofthe government of India which took place on 18 June 2010in Lausanne, it was recalled that:(i) On the one hand, the NOC will convene a GeneralAssembly to consider and adopt the new NOC DraftConstitution that was revised together with the IOC in linewith the Olympic Charter and with a view to improvingthe governance of the NOC; and(ii) On the other hand, the government of India mustfully respect the autonomy of the NOC and the OlympicMovement in India in accordance with the Olympic Charter.After careful analysis of the situation, the IOC ExecutiveBoard noted that a number of points have still to be resolved.Consequently, if the situation does not evolve positively, theIOC Executive Board will consider taking appropriatemeasures and actions which might seriously affect therepresentation and participation of India at the OlympicGames and forthcoming international sports events.Panama: The latest developments in the situation of theNOC were reported to the IOC Executive Board. The IOCExecutive Board took note with great satisfaction of therecent decision rendered by the justice authorities in Panamato legally reinstate the NOC and the legitimate office bearersrecognised by the IOC. The IOC Executive Board willcontinue to closely monitor this case until theimplementation of this decision.1981:• The creation of a specialised sports jurisdictionenvisaged for the first time by HE Juan AntonioSamaranch, former IOC President ;1983 :• Statutes of the Court of Arbitration for Sport (CAS)officially ratified by the IOC on the occasion of its86th session in New Delhi in March 1983 ;1984 :• 30 June 1984, implementation of the CAS Statutes ;• Beginning of the CAS activities under thepresidency of HE the Judge Kéba Mbaye and of theSecretary General, Mr Gilbert Schwaar ;1986 :• First case submitted to CAS ;1987 :• First award rendered by CAS ;1991 :• Publication by CAS of a Guide to Arbitrationincluding several standard arbitration clauses ;• Adoption of the first arbitration clause referring toCAS by the International Equestrian Federation(FEI) ;1993 :• 15 March 1993, Publication of the judgement of theSwiss Federal Tribunal (TF) recognising CAS as atrue arbitral Tribunal but expressing doubtsregarding its independence towards the IOC ;• September 1993, International Conference « Lawand Sport » organised by CAS in Lausanne withthe aim of reforming the CAS structure in order toguarantee its independence ;1994 :• Appointment of Mr Jean-Philippe Rochat as CASSecretary General in replacement of Mr Schwaar ;• 22 June 1994, creation of the International Councilof Arbitration for Sport (ICAS) enshrined in the «Paris Agreement » : the CAS has a new structurewith the ICAS as supreme body ;• 22 November 1994, implementation of the Code ofSports-related Arbitration confirming the CASreform, in particular the creation of ICAS and of twoarbitration divisions, the ordinary arbitrationdivision and the appeals arbitration division ;1996 :• Creation of two decentralised Court Offices byICAS, one in Sydney (Australia) and one in Denver(USA). These offices are linked to CAS Lausanneand constitute administrative branches ;8 R.K. JAIN - Sports Law Knowledge Lecture & Seminar - www.sportslawindia.info

• Creation by ICAS of the first CAS ad hoc Divisionwhich has the mission to settle as a last instancedisputes arising during the Olympic Games inAtlanta within a time limit of 24 hours (since 1996,creation of ad hoc Divisions for each edition of theOG) ;1998 :• Creation of an ad hoc Division for theCommonwealth Games in Kuala Lumpur ;• Creation of an ad hoc Division for the OlympicWinter Games in Nagano ;1999 :• Appointment by ICAS of Mr Matthieu Reeb as CASSecretary General in replacement of Mr Jean-Philippe Rochat ;• The CAS decentralised Office of Denver moved toNew York ;• Amendment to the Code of Sports-relatedArbitration in order to create a mediationprocedure;2000 :• Creation of an ad hoc Division for the EuropeanFootball Championship in Belgium and in theNetherlands ;• Creation of an ad hoc Division for the OlympicGames in Sydney ;2002 :• Creation of an ad hoc Division for the OlympicWinter Games in Salt Lake City ;• Creation of an ad hoc Division for theCommonwealth Games in Manchester;• Recognition by FIFA of the CAS jurisdiction ;2003 :• Acknowledgement of the CAS independence by theSwiss Federal Tribunal further to an appeal filed bytwo Russian cross country skiers, Larissa Lazutinaand Olga Danilova, against a CAS awarddisqualifying them from the Winter Olympic Gamesin Salt Lake City. After having carefully analysedthe organisation and the structure of ICAS and CAS,the TF admitted the independence of CAS towardsthe IOC and any other party using its services(Judgement of 27 May 2003, first civil Court, TF,Lazutina et Danilova v. International OlympicCommittee (IOC), International Skiing Federation(FIS) and Court of Arbitration for Sport (CAS)) ;• Designation of CAS as last instance Tribunal inrelation to international disputes related to dopingby the World Anti-Doping Code published by theWorld Anti-Doping Agency (WADA) ;2004 :• The new Code of Sports- related Arbitration enteredinto force ;• Creation of an ad hoc Division for the EuropeanFootball Championship in Portugal ;• Creation of an ad hoc Division for the OlympicGames in Athens ;• Publication of the Digest of CAS awards 2001-2003;2005 :• Inauguration of the new CAS headquarters at theChâteau de Béthusy in Lausanne;2006 :• Creation of an ad hoc Division for the OlympicWinter Games in Turin ;• Creation of an ad hoc Division for theCommonwealth Games in Melbourne;• Creation of an ad hoc Division for the FIFA WorldCup in Germany;2007 :• Death of the Judge Kéba Mbaye ;• Nomination of Mr. Mino Auletta as ICAS/CASPresident ad interim.OriginsAt the beginning of the 1980s, the regular increase inthe number of international sports-related disputes and theabsence of any independent authority specialising in sportsrelatedproblems and authorised to pronounce bindingdecisions led the top sports organisations to reflect on thequestion of sports dispute resolution.In 1981, soon after his election as IOC President, H.E.Juan Antonio Samaranch had the idea of creating a sportsspecificjurisdiction. The following year at the IOC Sessionheld in Rome, IOC member H.E. Judge Kéba Mbaye, whowas then a judge at the International Court of Justice in TheHague, chaired a working group tasked with preparing thestatutes of what would quickly become the “Court ofArbitration for Sport”.The idea of creating an arbitral jurisdiction devoted toresolving disputes directly or indirectly related to sport hadthus firmly been launched. Another reason for setting upsuch an arbitral institution was the need to create aspecialised authority capable of settling internationaldisputes and offering a flexible, quick and inexpensiveprocedure.The initial outlines for the concept contained provisionfor the arbitration procedure to include an attempt to reacha settlement beforehand. It was also intended that the IOCshould bear all the operating costs of the court. Right fromthe outset, it was established that the jurisdiction of the CASshould in no way be imposed on athletes or federations,but remain freely available to the parties.In 1983, the IOC officially ratified the statutes of the CAS,which came into force on 30 June 1984. The Court ofArbitration for Sport became operational as of that time,under the leadership of President Mbaye and the SecretaryGeneral, Mr Gilbert Schwaar.R.K. JAIN - Sports Law Knowledge Lecture & Seminar - www.sportslawindia.info9

SPORTS LAW INDIA PRESENT AND PERSPECTIVESPORTS LAWHuman beings are involved in sports activities sincetimes immemorial. From the earliest days of humancivilization till date, sports have developed from a meresource of personal entertainment to a global industrycomprising more than 3% of world trade. In the UK, sportsprovide employment to more than 420,000 people. It is oneof the largest revenue generating industries of the worldand with the proliferation of the Internet and other formsof media, the sports industry is set to grow even at a fasterpace in the future. An industry of billions of dollars with apervasive global presence is bound to breed its own disputesand this resulted in the growth and development of sportslaw as a separate discipline in its own right. 2Sports law is no longer an applied law or an amalgamof laws in some jurisdictions, which have taken the lead andenacted separate legislation concerning sports. For instance,in India sport has still to figures in the Concurrent list orUnion List - I of the Seventh Schedule of the Constitution.However the sport has been entered at list 33 on state list -II as such only the state legislatures are competent to makelaws 3 . There are already 4 States; Kerala, Rajasthan,Himachal Pradesh and Uttar Pradesh, which have enactedlaws on regulating sports activity including registration,regulation and recognition of Sports Associations (UttarPradesh has since repealed the Act) 4 .In the field of sports, the club is the basic unit at thegrass root level 5 . At the top of the hierarchy are theProf. Dr. Amaresh Kumarinternational sports bodies for each sports made up ofnational bodies of different countries 6 . The national sportsbodies again consist of the provincial or state bodies ofdifferent countries. The provincial state bodies comprise thedifferent districts or clubs 7 .In many countries, (such as India), national as well asprovincial sports bodies, clubs, associations or societies areusually set up under the law of societies. These areautonomous non-profit making private bodies 8 . Further,many of these are also established as non-profit associationsunder the company law jurisdiction in the UK andcommonwealth countries including India 9 . Theseorganizations cannot distribute their surplus or makepayment of dividends to members. Their surplus, if any,has to be solely and wholly applied for furtherance oforganizational objectives 10 .In many countries, (such as India), these national sportsbodies field the national team representing the country forparticipation in international competitions where goodperformance is a matter of pride for the entire nation 11 . Theyconsider the players for participation and selection 12 . Thesebodies also award telecasting and broadcasting rights to thesuccessful bidder for hefty sums and also earn revenues fromadvertisement in sports events 13 . They also take disciplinaryaction against the erring players including debarring themfrom the game. These bodies control even domestic matchesor games within the country 14 .1The Author is an Academic Lawyer practicing in the Supreme Court of India. He is the Founder Secretary General of the Asian Council ofArbitration for Sports; Sports Law India & All India Council of Physical Education. He is also a Member of the International Association of SportsLaw, Greece and International Sports Lawyers Association, Zurich, Switzerland. He was formaly working on the post of Deputy Director (Admin/Person/Legal) and Reader (Sports Management and Olympic Studies) at the Lakshmibai National Institute of Physical Education (DeemedUniversity), Gwalior. He has also been conferred the Hony. Visiting Professorship and Research Fellow of the TMC ASSER International Sports LawCentre of the TMC ASSER Institute of International Law, at the Hague.An act of “Sports Tribunal of India” has been drafted under the provision of Rule – 59 of the Olympic Charter of the International OlympicCommittee and in compliance of the Judgment passed by the Supreme Court of India by the author on the request of the Secretary General of theIndian Olympic Association..2Department of Culture, Media and Sport figures – see www.culture.gov.uk.3Constitution of India, SEVENTH SCHEDUTE (Article 246), List – II, “entry – 33”4The Hindustan Times, “UP Sports Act – 2005 Repealed” July 14 20075Masteralexis, Lisa Pike & et. el, “Principles and Practice of Sport Management” The Club System: Sports and Community; Massachuttes :Jones andBartlett Publishers; 2 nd Ed. 2005:26Ibid; The Modern Olympic Games: An International Club Event : 57Mandell, R. “Sport : A Cultural History” New York : Columbia University Press; 1984 : 468Grayson, E. former President of the British Association for Sport and Law, in his inaugural presidential address (1993) 1 (1) Sport and the LawJournal9Hums, M.A & MacLean, J.C. “Governance and Policy in Sport Organisaiton” Scottsdate, AZ : Holcomb Hathway (2004): 11510ibid11Kumar, Amaresh (Dr), Seminar Proceeding Report - 2004, “All India Council for Sport”12Annual Report 2007 - 08, “Ministry of Youth Affairs & Sports (Govt. of India)” : 59132005(4)Supreme Court Cases 649;Zee Telefilm Ltd and Others Vs. Union of India & Others14Ibid12 R.K. JAIN - Sports Law Knowledge Lecture & Seminar - www.sportslawindia.info

Though in the narrow legal sense these are privatebodies, yet in reality they are performing important publicfunctions in the field of sports where national or publicinterest is at stake, similar to public or governmentalauthorities as regulators and facilitators of the game in thefield of sports. Accordingly in the said countries includingIndia for enforcement of their public duties and obligationsprerogative Constitutional Writs of High Courts lie againstthese private bodies like any public or GovernmentAuthority 15 .In the USA and UK the sports bodies have multipleobligations under the sports law. They are under the lawbound not to make any gender discrimination among theplayers 16 . For instance, Title IX in the USA is an importantAct of 1972, which prohibits a federally funded institute todiscriminate on the basis of gender 17 .They must also allow the players to unionize andnegotiate collective bargaining agreements with themanagement on their terms and conditions of workincluding pay, hours of work etc 18 .In cases involving allegations of drug abuse and use ofperformance enhancing drugs these bodies must give theconcerned player the right of being heard before taking anypunitive action against him 19 .Since players are nowadays under public and mediaattention, these bodies must be careful not to cause anydamage to the reputation of the players and not to exploitthe celebrity status of the players without their consent. Indefault, these bodies become liable in damages to theaggrieved player. Spectators can also sue the sports bodiesor clubs for negligence under the law of torts when theysuffer unexpected injuries, given the nature of the game 20 .OLYMPIC LAWSThe Olympic Laws derive their sources from theOlympic Charter which is the combination of thefundamental principles and laws implemented by theInternational Olympic Committee (IOC) 21 .It manages and controls the organization and thepropagation of the Olympic Movement and formulates therules, terms and conditions for the commemoration of theOlympic Games 22 .Though the IOC uses French and English as its officiallanguage, however, at the International Olympic CommitteeSessions, synchronized translation is also provided intoGerman, Spanish, Russian and Arabic.“Olympism is a philosophy of life, exalting andcombining in a balanced whole the qualities of body, willand mind. Blending sport with culture and education,Olympism seeks to create a way of life based on the joy foundin effort, the educational value of good example and respectfor universal fundamental ethical principles.”(Olympic Charter, Fundamental Principles, paragraph2) (See http://www.olympic.org/uk/index_uk.asp)The Olympic Movement is a sum total of theInternational Olympic Committee, Organising Committeesof the Olympic Games, the National Olympic Committees,the International Federations, national associations, clubsan the participating athletes.Jacques Rogge is the present and the 8th InternationalOlympic Committee President. He was elected on 16 July2001 at the 112th IOC Session in Moscow. He was formerlythe President of the Belgian National Olympic Committeefrom 1989 to 1992. He has also served as the President ofthe European Olympic Committees in 1989, IOC memberin 1991 and Executive Board member in 1998.The IOC Sport and Law Commission was created in 1996with the aim to provide a platform for discussion oncontemporary legal issues which affect the differentorganizations which constitute the Olympic Movement 23 .The IOC Juridical Commission was created in 1974. Itsobjectives can be grouped as in below:-To provide legal opinions to the IOC President.To provide opinions concerning draft amendments tothe Olympic Charter.To formulate actions or defenses relating to the IOC.To perform any other task of legal nature entrusted uponthe Commission by the IOC President.US SPORTS LAW 24‘Sports Law’ is a compilation of laws that apply toathletes and sports. It is not confined to any particular legaltopic with generally accepted principles. Rather this is anumbrella term used to discuss legal issues confronting thearena of both amateur and professional sports.Sports Law intersects considerably with other branchesof law since it has to touch on a wide variety of issuesconcerning agreements and contracts, torts, agency,constitutional rights, due process norms, trade mark, sexdiscrimination, antitrust measures, privacy rights,defamation, criminal and tax matters etc.The applicable law in a particular case depends on thestatus of the athlete and the concerned sport.This branch of law emerged as a separate entity in itsown right only a few decades back with the rise of playeragents and increasing sponsorships, endorsements andmedia attention on players15Ibid16Pangiotopoulos, Dimitrious P. “The Law of the Olympic Athletes” Sports Law (Lex Sportiva) in the World Regulation and implication; Athens –KOMOTINI, 2004 : 36517Title – IX, Education Amendment Act, 1972, http://www.dol.gov/oasam/regs/statutes/titleix.htm Section 1681 Sex,18American Football League Vs. National Football League, 323 F.2 d 124(4 th Cir 1963)19Gardiner, Simon & et el; “The Regulation in Doping in Sport” Sports Law, London. 3 rd Ed. 2005: 26920Blackshaw, I.(ed), Sports Image Rights in Europe (2005), The Hague: TMC Asser Press21Pangiotopoulos, loc cite :22Ibid23http://www.olympic.org/uk/organisation/commissions/index_uk.asp24United States Olympic Committee Code of Conduct:2006R.K. JAIN - Sports Law Knowledge Lecture & Seminar - www.sportslawindia.info13

TORTS IN SPORTSAny one who sustains sports related injury is entitledto recover medical expenses from the person whosenegligence caused the same. In case of injuries fromintentional torts such as battery or assault, the guilty is alsoliable to pay compensation to the injured.The degree of care that the concerned person is liable toexercise is a material consideration. Dangerous sports callfor a higher degree of care than others. Expectations andprobabilities in a particular situation also have a role in thisregard.For instance, a spectator in a base ball game hit by afoul ball while sitting in the stands is not entitled to damagesfor injuries since such stray balls are very likely in base balls.On the other hand, any body standing on the interiorpath of a stadium hit by a stray ball would be entitled torecover compensation for injuries, since such an unlikelyevent was never in his contemplation.In contact sports when contacts outside the scope of thegame cause injury, the guilty player might be held liable indamages.In suits for damages on account of sports related injuries,the following defenses might be available to the defendantdepending on the facts of the case. Defendants may pleadthat the plaintiff was negligent or callous or assumed therisk of injury inherent in the game under the circumstances.Since players are nowadays under public and mediaattention, these bodies must be careful not to cause anydamage to the reputation of the players and not to exploitthe celebrity status of the players without their consent. Indefault, these bodies become liable in damages to theaggrieved player.Public institutions defending such suits may takerecourse to the doctrine of sovereign immunity to escapefrom any possible liability. This doctrine prohibits suitsagainst government organizations unless expresslypermitted by the government. However, in many cases thecourts have refused to apply the said doctrine on the groundthat the action complained of does not fall within thesovereign governmental functions.SEX DISCRIMINATION ISSUES 25Girls and women had long been shut out from manysports. However, eventually Title IX was modified to bansex discrimination in sports in schools that receive anyamount of federal funding. Such schools are obliged to givewomen and girls equal access to sports.In terms of the provisions of the said Title IX federallyfunded schools must give athletic opportunities to femalesthat are proportionate to those provided to their malecounterparts. However, courts do not expect completeequality to be achieved overnight. A roadmap to reach suchgoal of equality in a phased manner should be firmly inplace.Courts adopt a three-tier approach to examine whethera school is fulfilling its obligations under the provision.Firstly, the court checks if participation opportunities areavailable to members of both sexes in proportion to thenumber of enrolments.In the absence of such proportional representation, thecourt examines if there is expanding opportunity for theunderrepresented sex to make up for the shortfall.If not, finally the court examines if the concerned schoolhas accommodated the interests and abilities of theunderrepresented sex fully.In case the school in question has not done so, the courtwould hold it guilty of violation of the provisions of TitleIX and direct the school to take affirmative action incompliance thereof.Conventionally, the courts have not interfered with theunder representation of women in contact games as long asthe same is not due to any paternalistic view of women.Though traditionally the courts have been hesitant to directthe formation of a female team or squad in such contactgames, yet they have passed mandatory orders for inclusionof eligible female players in exclusively men’s teams.Gender based classification by publicly funded entitiesis liable to be struck down under equal protection claims byvirtue of the Equal Protection Clause of the fourteenthamendment. However, the courts make exceptions in thosecases where such sex based classification serves importantgovernment interest.AMATEUR ATHLETES 26A popular misconception is that while the professionalathletes are paid, the amateurs are not. Now even amateurathletes frequently receive some compensation for theirefforts. The main difference is that professional athletes areawarded prizes of great or substantially higher values.Successes in high profile amateur events lead to corporatesponsorships and advertising deals for the victor.The Amateur Sports Act of 1978 (36 U.S.C.A. § 391) setup the Athletic Congress, a national governing body foramateur athletes, which manages a trust fund that allowsthem benefits and sponsorships without affecting theiramateur status.Amateur sports can either involve restricted orunrestricted competition. Restricted competition coversschool, college, university meets. Unrestricted competitionis open to all amateur athletes with some basic minimumeligibility criteria.The highest example of unrestricted competition is theOlympics. Any body meeting the minimum qualificationsis welcome to participate through the qualifying rounds.Usually amateur athletes do not have an absolute orautomatic right to participate in sports events. Disputes arisein amateur sports when the aggrieved athlete claiming theright to play is denied the same by the concernedinstitutional authorities. Courts decide such disputes in case25http://bailiwick.lib.uiowa.edu/ge.26http://www.whitewaterslalom.org/rules/asa-1978.html.14 R.K. JAIN - Sports Law Knowledge Lecture & Seminar - www.sportslawindia.info

of private institutions on the basis of the contract with theconcerned athlete or in the absence of such agreementaccording to the law of torts.When public institutions receiving federal or publicfunds are involved, the courts examines if the publicinstitution in question has observed the Due Process normsand the provisions of the Equal Protection Clause of theFourteenth Amendment. This includes notice and audienceto the aggrieved on the action complained of. The court alsostrikes down discriminatory regulations debarringparticipation. The fourteenth amendment requires thatsimilarly placed persons should be treated equally underthe law.If any classification hurts a fundamental right such asthe freedom of religion or the right to marry or is foundedon suspect parameters like nationality or race, the same isliable to be struck down, unless the same promotes somecompelling interest of the institution.On the grounds of public policy there can be reasonablerestrictions on the rights of student athletes. For instanceno pass-no play rules may be invoked in the overridingconcern of the government to educate children. Rules mayprovide for disqualification of athletes guilty of drug oralcohol abuse or can limit the number of sports that a studentcan participate in.The National Collegiate Athletic Association (NCAA)is the apex body administering sports at the college level. Itexercises control and takes disciplinary measures overstudent athletes, coaches and other functionaries involved.Under the said NCAA rules athletes participating mustsecure specified minimum grade points in academicprogram.College athletic scholarships are in the nature of bindingagreements that require the student athletes to perform insports as well as secure certain minimum grade points inacademic programs in exchange of tuition, books and otheracademic expenses.College athletics also enjoy sponsorships and getadvertising deals from corporate and business circles. It is amultimillion-dollar entertainment industry. Despite thiscollege athletes are not treated as employees by the courts.As such, relief under the worker’s compensation laws is notavailable to them.PROFESSIONAL ATHLETESProfessional athletes charge and are paid for theirservices on a regular basis. They have employment contractwith their clubs. These agreements are bargained for andreflect the bargaining capacity of the respective parties tothe contract. Athletes of average caliber usually get a contractfor salary. Athletes of higher standing enjoy larger benefitsunder the employment contract.Most professional leagues with a players’ unionnegotiate or bargain a ‘standard player’s contract’ that setsout the basic rights and privileges for the athletes. Itrepresents the barest minimum benefits or rewards that theplayers in the concerned league are entitled to under anyemployment contract. Those club managements providinga lower package are guilty of violation of their contractualobligations.The burdensome and oppressive provision of ‘reserveclause’ in an employment contract prevented a player fromplaying for another team for at least one year even after theexpiry of his contract. However, the owners of clubs werefree to sell off players to other teams who had no say as towhere they would play in. Such restrictive covenants heldback the players from freely marketing their skills anddeprived them from realizing their proper value or worthin the market.After protracted movements of the aggrieved players,eventually in 1976 reserve clause was removed from‘standard player’s contract’ of professional base ball teamsin the USA.Another limb of the reserve clause that still finds placein some contracts is the options clause. When a new contractcannot be finalized with a player on the expiry of the currentagreement, the owner of the club has the option to retainthe player at 90% of his previous salary for one more year.Players having bargaining capacity do not sign suchhumiliating agreements with options clause.Moreover players who have played out or served theiroptions find no takers for them at their fair market value.In course of time players organized themselves intounions and through collective bargaining agreementsstarted realizing some of their legitimate demands.Collective bargaining agreements are in force forspecified periods on the expiry of which these have to berenewed from time to time through fresh negotiations andbargaining. In case such agreements with the clubmanagement or league authorities cannot be renewed orextended through collective bargaining, players takerecourse to strike as a last weapon in their armory.Arbitration of disputes between the player and themanagement is a fruit of collective bargaining. Here thedisputes are referred to a private judge of the parties forsettlement by whose decision or award they agree to bebound by. In the absence of voluntary compliance with theaward, it can be enforced through the courts against theparty who suffers the award.The process of arbitration is used to address and redressthe grievances of the players over salary issues, disciplinarymatters, fines, suspensions, sports related and other injuries,termination of contracts, denial of retirement and insurancebenefits etc.In the complex arena of professional sports manyathletes utilize the professional services and expertise of askilled agent to negotiate personal service or employmentcontracts, take care of finances, carry out tax or estateplanning, manage sponsorships and endorsements and soon.Such agents must act in the best interests of the clientathlete and avoid actions that conflict with the interests ofthe concerned player. Many states or jurisdictions requiresuch agents to obtain a license before functioning andfurnish security bonds as may be specified in this respect.R.K. 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SPORTS REGULATIONS IN INDIA 27Overview of Sports Law in IndiaSports law is employed in the field of Sports, physicaleducation and its related field. It is referred to as a completelaw which governs the area where law interacts with Sports.Nowadays, there is growing trend of interaction betweenlaw and the world of Sports which in turn, has createddemand for a greater understanding of the relation betweenLaw and Sports.The Legal Consultation Center within the premises ofthe Lakshmibai National Institute of Physical Education hasbeen established in 1996 with an initiative to createawareness about the laws regulating the field of Sports andoffer expert consultations in diverse disciplines, such assports law and policy, contract, tort, taxation, labor,competition, TV rights, match fixing and related criminallaws. The mass media plays the fundamental role inpopularizing Sports. The State has taken suitable measuresto mobilize the Electronic Media, including the NationalBroadcasters, the Private Channels and the Print Media forstrengthening a Sports Culture in the country. The NationalSports Policy of India seeks to raise the standard of Sportsin India. As per the terms of National Sports Policy, 2001the Central Government, in association with the StateGovernment, the Olympic Association (IOA) and theNational Sports Federation seeks to pursue the objectivesof “Broad-basing” of Sports and “Achieving Excellence inSports at the National and International levels”. The Policyattempts to promote the Sports activities in which thecountry has potential strength and competitive advantage.The National Sports Development Fund was created by theGovernment with an objective to mobilize resources fromGovernment as well as other Non-Governmental sourcesfor the promotion of sports and games in India. There arevarious Schemes formulated and implemented by thegovernment of India as regulatory measure for the SportsSector, such as Scheme relating to infrastructure, Schemerelating to Events of Sports, Scheme relating to Awards,Scheme of incentive for promotion of Sports Activities,Scheme relating to talent search and training, Scheme ofDope Test and Scheme of State Sports Academy.National Sports Policy 28The National Sports Policy was formulated by thegovernment of India for the first time in1984 with theobjective of raising the standard of Sports in the country.This Policy stated that the progress made in theimplementation of the Policy would be reviewed every fiveyears to determine the further course of action, as may benecessary, following such review. In spite of variousencouraging measures, the implementation of the goals andobjectives of the National Sports Policy, 1984 could not besubstantially realized. Therefore, the Policy has beenreformulated several times laying down the specificmeasures to be taken by the various agencies, which areinvolved in promoting sports in the country. In accordancewith the provisions of the National Sports Policy, 2001 29 , theCentral Government pursues the objectives of “Broadbasing”of Sports and “Achieving Excellence in Sports atthe National and International levels” in a combined effortwith the State Government, the Olympic Association andthe National Sports Federation. In view of the potentialstrength and competitive advantage of Sports in India, theSports Policy mandates the State to promote Sports activitiesin the country and integrate Sports and Physical Educationmore effectively with the Education Curriculum. TheGovernment of India and the Sports Authority of India, inassociation with the Indian Olympic Association and theNational Sports Federations, are expected to focus specificattention on the objective of achieving excellence at theNational and International levels. The National Sports Policyaims to pursue inclusion of “Sports” in the Concurrent Listof the Constitution of India and introduction of appropriatelegislation for guiding all matters involving national andinter-state jurisdiction. In specific terms, the objectives ofNational Sports Policy includes Broad basing of Sports,Integration with education, development of infrastructure,excellence in Sports, Development of National SportsFederations, Scientific back up to Sports Persons, ensureaccess to high quality of Sports equipments, training anddevelopment of Coaches, Sports Scientists, Judges, Refereesand Umpires, Incentives to Sports Persons, Integrateddevelopment of the Sports and Tourism sectors and Resourcemobilization for Sports.Sports Law and Welfare Association of India 30The Sports Law and Welfare Association of India is anational nonprofit and professional organization whichwork with the common goal of understanding,advancement, and ethical practice of Sports Law in Indiafor the promotion of Sports, by bringing Legal Practitionersand Sports persons together. The Sports Law and WelfareAssociation of India has developed links and carries outconsultancy work with many organizations and partners.The Association provides consultancy on various mattersincluding Regulation of sports governing bodies, Generalsport and law issues, Intellectual property issues in sport,Online Advocating in legal disputes of sports in Court onbehalf of sports persons and sports bodies, etc. The SportsLaw and Welfare Association of India aims to further thediscussion of legal problems affecting sports and to promotethe exchange of a variety of perspectives and positions ofsports law and provide a forum for lawyers representingAthletes, Teams, Leagues, Conferences, Civic RecreationalPrograms, Educational Institutions and other Organizationsinvolved in Professional, Collegiate, Olympic, PhysicalEducation and Amateur Sports.27http://yas.nic.in.28http://sportal.nic.in/nsp.asp.29Panagiotopoulos, Dimitrious (ed) Sports Law (Lex Sportiva) in the World; Kumar Amaresh (Dr), “Order of the Government of India (Allotment ofBusiness) Rule, 1961” Athens – KOMOTINI, 2004 : 14730http://www.sportslawindia.info16 R.K. 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Aims of Sports Law and Welfare Association ofIndia are:• To provide Educational Opportunities and disseminatedata and information regarding specific areas of sportslaw• To provide a forum for lawyers representing Athletes,Teams, Leagues, Conferences, Civic RecreationalPrograms, Educational Institutions and otherOrganizations involved in Professional, Collegiate,Olympic, Physical Education and Amateur Sports.SLAWIN’s role is to foster the discussion of legalproblems affecting sports and to promote the exchangeof a variety of perspectives and positions of sports law• To promote and, where necessary, establish rules ofethics for sports persons and practicing professional oflaw, its members involved in sports law• To produce high quality research in the field of sportand the law• To publish widely and disseminate research findings• To provide up to date information on current sports lawissues including a resource of sports law material• To provide consultancy to sportsmen and sports bodiesconcerning sports law issues• To promote undergraduate and postgraduate study,research and continuing education in sports law• To promote ethical solutions to legal issues in sport andnotions of “Fair-Play”• To positively address all issues of discrimination insport.What Sports Law India DoesWe have developed links and carry out consultancywork with many organizations and partners. We provideconsultancy on:• Indian sports policy - competition law etc.• Regulation of sports governing bodies• General sport and law issues• Sports injuries - issues of liability• Health and safety issues in sports• Employment issues in sports - e.g. discrimination• Working with children in sport• Intellectual property issues in sport• Online Advocating in legal disputes of sports in Courton behalf of sports persons and sports bodies• Harassment in Sports• Organizational matter• Alternate dispute resolutionIndian sports policy - competition law etc.• We will be conducting the National Conference of SportsLaw India and view the ideas of Sports lovers,sportsmen, lawyers, sports administrators and sportseducators to prepare the draft policy of Indian SportsAct to ensure that they provide proper structure andliabilities of the sports bodies to the Parliament andPublic at large.• We will prepare key policies for sportsmen/sportswomen/ sports bodies/ associationsadministrators including code of conducts, policies fordiscipline, selection, harassment, conflict of interests,recruitment and awards, etc.• We will prepare policy manuals for you as well asorientation packages and presentation for new boardmembers.• We can assist you in interpreting policy clauses andadvising on proper procedure where there is ambiguityin any policy.Sports injuries - issues of liability• Our risk management service can provide advise onpotential liabilities problem, claim and compensation,consultation to prepare a detail risk assessment and riskmanagement plan for your organization or program.• We will prepare the insurance provisions, reviews andrecommendations to ensure that you have the propertype of scope and levels of insurance coverage as asportsperson/organizer and program coordinator.• We will draft waiver assumption of risk and informedconsent agreement for your participant and advise youon the proper for their execution.• Consult with us when establishing or organizing anycontract or agreement for any kind of sports riskmanagement.Employment issues in sports - e.g. discrimination• Advise on recruitment and interview questions• Draft employee or independent contract agreements• Ensure that all contractual agreement accrues to you inthe matter of intellectual property agreement betweenemployee and employer• Conduct employment search in sports for variousemployers• Keep you informed the vacancies available forsportspersons in India and also for employment data.• Intellectual property issues in sport• We can select and register a trademark or an officialmark• Ensure that your organization controls all copyrightsin material it might distribute, sell or license• Explore what marketing use can be made of anindividual personality• Design and implement variety of license programs• Draft letter to unauthorized users of your trademark,know-how or copyright material• Draft legal letters for breach of agreement and contractin the matter of• Sue or conduct litigations on your behalf in disputesrelated to sportsAdvocating in legal disputes of sports in Court onbehalf of sports persons and sports bodies• We can help ensure in all the matter related with thedisputes in sports or any kind of activities related withsports be it contract agreement, organization, policiesmaking, drafting of bylaws, legal letters or evenappointing advocates/lawyers for you at various HighCourts in India, Supreme Court of India and abroad.R.K. JAIN - Sports Law Knowledge Lecture & Seminar - www.sportslawindia.info17

Harassment in Sports• We can suggest and review the draft policy forpreventing sexual harassment in sports• We can suggest and review the laws and policies forthe harassment of fair sex in sports• We can suggest the means and methods for equalityrights for fair sex, girl child and female participants ofsports• We can conduct internal investigations and inquiries foryou on the harassment in sports• We can suggest humanitarian and constitutional law forprevention of racial and gender harassmentOrganizational matter• We advise on organization structures and forms ofsports organizations, conduct of NationalChampionship in various sports.• Arranging for sponsorship for various sports meets andorganizations• We take the work to incorporate a new company, trustor foundations form a partnership design related withsports events• Incorporate a nonprofit association/societies or obtainregistration for the Act of Sports• Update minute books and ensure all records andresolutions as complete• Advise administrative liabilities and due diligenceinvestigations• Review and interpret bylaws and other key governingdocuments• Assist to conduct Annual General Meeting withcontentious issues for sports organizationsAlternate dispute resolution• We administer the Alternate Dispute Resolution (ADR)for amateur sports in India as well as all appeals andadjudication under the Indian law on penalties fordoping in sports and sports related disputes like matchfixing, corruption, breach of contract, violence, etc.• We can advise on the best method for resolving withinyour organization and where appropriate can interveneto try to negotiate acceptable solution• We will appoint mediators and arbitrators under theprovisions of International Courts for Sports Arbitrationto help you resolve disputes in a professional, effectiveand timely manner• We can advise internal panels or sit on a panel as yourappointee• We can carry neutral fact-finding investigation usingskilled and trained investigatorsConstitutional requirements 31The Contingent Constitutional, Legal and Institutionalmeasures to operationalise the Comprehensive Sports Policy,by confining the role of the Union Government to merelysupplementing the efforts of Sports Bodies in promoting eliteperformance and in assisting them to hold mega sportingevents, completely leaving the primary task of building ahealthy national through, ‘Sports for All’ to the StateGovernment, has led to both the uneven development ofSports across the country and the non-emergence of sportsas a national priority. Only a few States have been able tofind the required resources for sports development whereasthe remaining have not been able to afford it. As a result,even today, the bulk of Indian population has virtually noaccess to sports and games. On the other hand if one look atthe Health and Education sectors, the India had relatively,succeeded in achieving minimum national standards. Thereason is that ‘Health’ and ‘Education are in the Concurrentlist, which enables States to receive fully policy and financialsupport from Union Government to target and achievenational goal.There has been under consideration in Parliament ofIndia, since its Twelfth Lok Sabha a Bill aimed at transferringthe subject of “Sports” from the State List to the ConcurrentList in the Seventh Schedule. The consensus for such anapproach has not been received to provide such a holisticand comprehensive approach by the States and membersof the National Sports Organisations. It has therefore,proposed to pursue in Parliament the need to shift theemphasis on Sports from its present Constitutional positionwhere it is clubbed with ‘entertainment’ and ‘amusements’to treating sports as a key instrument of youth developmentfor accelerated and inclusive national development, theoverreaching goal of the Approach to Eleventh Five YearPlan endorsed by the National Development Council, a goalthat clearly requires a concurrent effort by the Central andthe States just as in the case of Health and Education, bothof which are in the Concurrent list. Accordingly, the EleventhFive Year Plan document recommends the inclusion of‘Sports’ in the Concurrent list.Sports Arbitration and Mediation Commission ofIndia (SAMCI) 32The Government of India, Ministry of Youth Affairs &Sports is in ardent need to facilitate Sports Bodies andnational Sports promotion organisation to reform andmodernize themselves to meet the challenges of modern daysports, which have become both highly competitive andcommercialized. Moreover, with the increasingcommercialization of sports, in the wake of the XIXCommonwealth Games, 2010, Delhi, the need to regulatesports has also become a necessity of a ‘Sports RegulatoryFramework’ prevailing in different countries. Theintervention of the Indian Courts, in Indian Sports regulatoryorganisation, made it even more necessary, that theymodernize their structures, systems and processes, andbecome more sportsperson – centric and more transparentand accountable in their functions. Therefore, a robust –dispute resolution mechanism, especially a strong grievance31"Comprehensive Draft National Sports Policy 2008" Government of India, Ministry of Youth Affairs & Sports, New Delhi:p.3332Ibid;p.34 - 3518 R.K. JAIN - Sports Law Knowledge Lecture & Seminar - www.sportslawindia.info

edressal mechanism for athletes is being thought to beframed. It is neither feasible nor desirable that Governmentshall take upon itself the burden of intervention whendispute arise with in National Sports Federations (as theydo disturbingly often) or when complaints are receivedabout ineffective or inappropriate deployment of funds,mistakes in management, non – accountability for resultsachieved or not achieved, prejudice or bias in the selectionof national teams / athletes, undemocratic or unethicalelectoral practices and lack of openness and transparencyin functioning. To resolve such dispute and ensure thedevelopment of sports in conformity with the OlympicCharter and in keeping with the aims and objects ofComprehensive Sports Policy, and an independentarbitration and mediation mechanism may be establishedon the lines of similar initiatives taken in the UnitedKingdom (The UK Sport Dispute Resolution Panel) andAustralia (The National Sports Dispute Centre). The UnionCabinet Minister for Youth Affairs & Sports of Governmentof India had assured the Members of Rajay Sabha in theParliament of India that there have been recommendationsfor enactment of a separate Sports Law by the CentralGovernment 33 . The Minister has further assured theParliament that Government has carefully studied the sportsregulation systems prevalent in different countries and isconsidering several options, including that of enacting aNational Sports law for better governance and managementof sports 34 .A draft of the, “Sports Tribunal of India Act, 2010” hassubmitted on behalf of the Sports Law India and All IndiaCouncil of Physical Education, to the Indian OlympicAssociation on their request. The Indian OlympicAssociation has incorporated the Sports Arbitration as the,“Arbitration Commission of the Indian OlympicAssociation” in their General Board Meeting held atJharkhand. This Arbitration Commission of the IndianOlympic Association has also been accorded by theInternational Olympic Committee. Now on thepromulgation of the, “Arbitration Commission of the IndianOlympic Association” all the Sports Dispute will be resolvedin accordance with the, “Arbitration Commission of IndianOlympic Association” and there after as per the, “Court ofArbitration for Sports” of the Rule – 59 of the OlympicCharter in India.33Dr. M. S. Gill, Minister of Youth Affairs & Sports, Govt. of India, on 12 th August 2010 to answer the Question No. 2105 in the Parliament of India(Rajya Sabha).34IbidR.K. JAIN - Sports Law Knowledge Lecture & Seminar - www.sportslawindia.info19

“The New Developements in International Sports Law & CASJurisprudence with Perspective of Sports Law in India”ABSTRACTS OF DELEGATESSEXUAL HARASSMENT IN SPORTSBy - Sai Teja VangalaIn sports, women and girls are frequent victims ofharassment. Many females drop out of sport rather thancontinue being subjected to the undermining effects ofconstant harassment and abuse.1 Sexual harassment andabuse is just as much a problem in sport as it is elsewhere insociety and that many sports organisations do not haveadequate mechanisms in place to help protect frightenedathletes and to exclude harassers and abusers. Dealing withharassment in sports is a major challenge haunting the fieldof sports. Not only can it reflect badly on the sport, it candeter participation at all level.Establishing rules of ethics and conduct for sportspersons will support the sports industry and will go a longway in combating the menace of sexual harassment inSports. The government will have to come out with aNational Sports Legislation that would force the sportsfederations in India to handle cases of sexual harassmentstrictly. Such a national legislation is the need of the hourand is very necessary to tackle the problem of sexualharassment in sports industry.HARASSMENT IN SPORTSArshdeep Singh & Arpita LattaSport plays a major part in the lives of many Indianswho are often participants or spectators. For many peoplesport is a source of personal achievement and nationalpride. For some, however, the sporting experience ismarred by the presence of harassment that creates anenvironment that is neither welcoming nor enjoyable.Legislation and policy developments have discouragedharassment in areas of public life, such as employmentand education. However, it is not until recently that ithas been recognised as a problem in sport. The cost ofharassment is high. For an athlete it may result in a lossof self esteem, reduced performance or ultimately, forcesomeone to leave the sport they love. Through thisresearch paper we have thrown light on the differentaspects of harassment prevalent in sports i.e. harassmentof fair sex in sports; racial and gender harassment,disability discrimination means and methods for equalityrights for fair sex; humanitarian and constitutional lawfor prevention of harassment. We have also suggested aHarassment Policy and Guidelines that should form partof a coordinated set of policies related to appropriatebehaviour in sports.HARASSMENT ANDDISCRIMINATION IN SPORTSBy - Jishu Dhir and Poonam kashyupDealing with harassment can be a major challenge forclubs. Not only can it reflect badly on the sport, it can deterparticipation at all levels. To help you understand the typesof behavior that form the basis of harassment anddiscrimination, here are some useful definitions andreferences .The topic of sexual harassment is oftencontroversial due to differing perceptions and definitions.Broadly, sexual harassment is defined as a form of sexdiscrimination that violates Title VII of the Civil Rights Actof 1964. However, like other forms of sexual assault, “sexualharassment includes a wide range of behaviors includingunwelcome sexual advances, requests for sexual favors, andother verbal or physical conduct of a sexual nature, whensubmission to or rejection of this conduct explicitly orimplicitly affects an individual’s performance in Sports,unreasonably favour to an individual’s to select in the teamsperformance or creates an intimidating, hostile or offensivework environment for granting undue favour for includingin a team to a weaker sex.ARBITRATION IN SPORTS: ANALYSISOF THE COURT OF ARBITRATION FORSPORTS (CAS)By - Aditya MohantySport is big business accounting for more than 3 percent of world trade and 1 per cent of the combined GNP ofthe 15 member states of the European Union. With theamount of money at stake, it is not a surprise that the numberof sports-related-disputes is on a gradual rise.In response to the rise in the number of disputes inInternational sport, the International Olympic Committeecreated the Court of Arbitration for Sport (hereinafterreferred to as CAS) as the ultimate authority to adjudicateon issues relating to the rights of athletes, governing bodiesand federation.This paper provides an insight into the history,constitution, working and purposes of the CAS and alsoanalyses the types of disputes that are submitted.Furthermore, an examination of the scope of the awards onthe Indian sports is done. The paper also tries to cover thevarious recommendations and suggestions that theFederation of Indian Chambers of Commerce and Industry(FICCI) came up with in its report titled “India’s SportsScenario” with reference to the suggested sports legislation.20 R.K. JAIN - Sports Law Knowledge Lecture & Seminar - www.sportslawindia.info

It concludes with highlighting some of the main issuesrelating to the legal conflicts that exist because of itsprocedures and constitution, in light of InternationalCommercial Arbitrations that it essentially dwells upon.NEED FOR SPORTS OMBUDSMANIN INDIABy - Abhinav Anand & Neelabh KrishnaDisputes are somewhat usual in the sport and recreationsector and cover a wide range of subject matters spanningcommercial issues, governance and operational issues,discipline and conduct, nomination and selection of athletesand officials for national representation, employment issuesand other matters such as discrimination and harassment.A number of features of this sector are not always well placedto prevent disputes from emerging or deal effectively withthem when they arise. As a result, it is important thatsafeguards exist, particularly where the issues affect people’slivelihoods. This paper gives an overview of the use ofmediation for resolving sports disputes. Arbitration andmediation in this specialist area is in its early years, especiallyin India. The Court of Arbitration for Sport (“CAS”)introduced its arbitration rules in May 1999 but has notcarried out any sports as yet in India.CHANGES IN CONTRACTUALDYNAMICS IN PROFESSIONALFOOTBALLBy - Deep RayIt can be said that Indian football is moving in the rightdirection. With FIFA looking to tap the India market andproviding funds for development of the sport in the countryit is only a matter of time before India becomes a force toreckon with in world football. The future of Indian footballlooks bright, but what about the footballers, are their rightssecured? Do they have any rights in relation with theirprofession? Professional players are dependant on the sportas a source of their earning. For that very reason it isimportant that the source of earning is protected againstarbitrary or unjustifiable sanctions imposed upon them.There needs to be a change in the contractual dynamics inprofessional football in India.The contracts which are offered to professionalfootballers often contain arbitrary clauses which seriouslyaffect the rights of the footballers. There are hardly any rightsgiven to the footballers to safeguard their rights. Unlike USA,UK, Australia or other European countries there is no scopeprovided for collective bargaining by the footballers withthe governing body and the clubs in case of disputes. WithAll India Football Federation looking to professionalize thefootball clubs in India, as per the guidelines laid down byAFC one needs to put some serious thoughts into this issue.This paper will examine the legal nuances of the contractsthe footballers sign with clubs and the AIFF; it will alsodiscuss the international norms of contracts and the rulesof the country’s apex soccer governing panel, All IndiaFootball Federation. At present, there is no standardizedformat for a player’s contract in India and mostly thefootballers reach a verbal agreement with the clubs beforesigning on the dotted line. There is a requirement of havinga standard contract for footballers, that all the clubs can use.EMERGING SPORT LAW IN INDIABy – Abhimanyu SinghWith the largest youth population in the world and oneof the fastest developing economies, India has witnessedprogressive growth in its sports industry in the past fewyears. Global events like Commonwealth Games, thrivingnew infrastructure and large fan following for diverse sportsis making India a major sports destination. From a meresource of entertainment and personal recreation, Sports hasgrown into a highly competitive industry with globalpervasiveness. It is one of the largest revenue generatingindustries in the world comprising 3% of the world trade.The emergent interaction between sports and law hasshaped a new need for a greater understanding of how thelaw relates to the sporting world.The area of sports law is relatively new and at thenascent stage of conception in our country. Nevertheless, itis an area of study that is worthy of definition and in depthacademic inquiry and practice. India needs expert sportslaw consultants to meet an amalgam of diverse legaldisciplines such as sports law and policy, contract, tort,taxation, labor, competition, TV rights, match fixing andrelated criminal laws. In my opinion – legal practitionersand sports persons must come together to understand,advance, promote and ethically practice sports law in India.Research must be undertaken to promote, encourageand support the law fraternity. The research topics mayinclude: drafting Sports Act of India; contribution of Indianlegislative body for support of Indian sports; Constitutionof Indian Sports Services like Indian Medical or IndianEngineering Services; Appointment of the duly qualifiedProfessionals on the post of Secretary, Joint Secretary, andat other responsible posts in the Ministry of Youth Affairs& Sports and Sports Authority of India; development of riskmanagement programmes for safety in sports; concerns ofracial discrimination and national identity in sport; changesin contractual dynamics in professional football; legalsupport for women’s participation in sport; judicialpronouncement of Indian in addition to InternationalCourts.LEGAL ASPECTS IN INDIAN SPORTSBAN ON ADVERTISEMENT BYPLAYERS DURING WORLD CUPBy - Manisha Narula,Advocate, District Courts,Faridkot, PunjabFrom a mere source of entertainment and personalrecreation, Sports has grown into a highly competitiveR.K. 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industry with global pervasiveness. It is one of the largestrevenue generating industries in the world comprising 3%of the world trade. In India though Hockey is the nationalgame, it’s Cricket that is being followed as a religion. Noother game in India today has the craze that cricketgenerates.The World Cup 2011 which is on verge of a grand startin the nation that follows it religiously and has created muchhype. The governing council that is the ICC has prescribedcertain rules regarding the commercial activities of playersduring the world cup. As per the Council “it has put theserestrictions to protect the interests of ICC’s commercialpartners. It is these commercial partners who provide therevenue which enables ICC to stage international events,which in turn provides funding for the development of thegame in our 105 Member countries. Without the investmentof our commercial partners, there can be no event and henceno sustainable financial support to ICC Member countries”.Under the standardized Squad Terms for the event thereare various restrictions around commercial activity aroundthe event. Any Squad Member that knowingly orunknowingly breaches the Squad Terms may face sanctionsranging from financial penalties through to being excludedfrom continued participation in the Event. The questionsthat arise are- are these restrictions reasonable, who is goingto decide if they are or not, is this not a violation of freedomof trade of the players. If a player is endorsing a product ofa company which is not on the list of commercial partnersof ICC then won’t that affect the commercial and financialinterests of the player as well of the company? Can a properlaw on sports be an answer to all these questions?DIRECT TO HOME- BROADCASTINGPIRACYBy - Vaibhav Dixit & Spandan SrivastavaThe primary aim behind any sport is to provideentertainment to its audience. As the civilization developed,a very important mode of watching sports was by sittingbehind the television sets. However like every successfulindustry, this industry also became a victim of piracy. Inthis paper firstly we have dealt with the definition andmeaning of Broadcasting Rights in the global perspective.Broadcasting Rights which are part of Intellectual Propertyrights are often encroached upon by the pirates and thisleads to a very big problem of Broadcasting Piracy. At timesthis is done intentionally but it also happens when there isambiguity related to the rights of broadcasting between twoparties. We have also discussed the reasons behind thisindustry of piracy.This industry is flourishing because of major reasonslike: unavailability of access to sports entertainment tocomplete audience and the fact that pirated information isavailable at cheaper price in this expensive world. Then wehave tried to distinguish between the TV broadcast andBroadcast piracy. We have discussed in this as to how somegiant broadcasters, with the help of strong fiscal support,are able to bid for high TV rights and converge maximumrights in their own hands. The major harm out ofbroadcasting piracy have also been discussed. They are oftenin the form of money for temporary period and clientelereductionfor a significantly larger period. In the end wehave discussed the methods adopted by Ministry ofInformation and Broadcasting in India to stop film piracy.We can implement similar laws with suitable modificationsand reduce piracy in broadcasting field.TOWARDS A BETTER SPORT-INADVERTENT DOPING AND THEWADA CODEBy - Yatharth Nath Pathak & Sudhir Kumar SinghSports is the fabric which connects the society and evenit can be used to maintain friendly ties between two countrieslike India and Pakistan, however, Doping is the thing whichis causing damage to the reputation of sports.It was precedented by Pierre De Coubertin only and heraised his concern over protecting sports from the jaws ofdoping.Doping is not just a scientific triumph put to applicationbut is essentially the consequence of the various personal,sociological, psychological and economical factors. Themental will to win, pressure and expectations, constant pushto excel and discrepancy in the facilities available are just afew to mention.Efforts to eradicate the use of doping in elite sports havebeen discredited as a losing battle so many times it is all butimpossible to believe in an ultimate victory against thecheats. As WADA continues its crusade against the dark sideof sporting life, more authorities, experts and fans start toquestion the meaningfulness of the whole battle.Performance enhancing substances have always beenpart of sports and always will be, as will be the efforts to setlimits to them and catch the wrongdoers. Lately, however,in this seeming endless race, the drug agents have seen anew shift of balance.The war against doping may be tough but adoption ofproper strategy and implementation of Government plansthrough an independent Sports Arbitration Tribunal neededto be framed. The time will definitely lead the countrytowards a better sport.THE DIVIDING LINE BETWEENAMBUSH MARKETING ANDLEGITIMATE ADVERTISEMENT ORJOURNALISTIC CONTENT INSPORTING EVENTS: FOCUS ON ICC’SCONTENT AND BRAND PROTECTIONGUIDELINESBy - Varun Chablani & Alok NayakThe 2011 ICC Cricket World Cup, just like any majorworldwide sporting event, is susceptible to surrogate orambush marketing by commercial brands whose22 R.K. JAIN - Sports Law Knowledge Lecture & Seminar - www.sportslawindia.info

competitors have become exclusive sponsors of theirrespective product categories. The International CricketCouncil’s Brand and Content Protection Guidelines for the ICCCricket World Cup – 2011, has listed in detail the scope of itsanti-ambush marketing initiatives vis-à-vis legitimatejournalistic content. This paper attempts to establish thatthe abovementioned anti-ambush marketing guidelinesviolate the Right to Free Speech and Expression under Article19(1) (a) of the Constitution of India. Besides, these nonpermissible activities do not fall under the reasonablerestrictions doctrine under Article 19(2) of the Constitution.This paper further seeks to redraw the battle lines betweenan anti-ambush marketing activity and legitimatejournalistic content.Furthermore, this paper establishes that these guidelinesare also unreasonable and hence violative of the right toequality under Article 14 of the Constitution of India.Many of the non permissible activities under theguidelines fail the test of the rational nexus doctrine underthe said Article. This paper establishes that the intentionsof the ICC are not satisfied by such strict nature of theseguidelines. In fact, they get rebounded and furtherdeteriorate the intentions. This paper further makes ahistorical and economic analysis of major sporting eventsand studies the impact of the relevant anti-ambushmarketing guidelines to the event and the athletes associatedwith the event.The paper concludes with recommendations andsuggestions to the ICC on being an equilibrist between theinterests of the exclusive sponsors, the interest of the event,the interests of the media, and most importantly, the interestsof the cricket crazy Indian public.SPORTS LAW: COMBATING FOR THESPIRIT OF INDIABy - Sandeep Kumar PassiAdvocate, Moot Court Incharge,Baba Farid Law College, Faridkot, PUNJABHuman beings are drawn in sports activities since timesimmemorial. From the early days of human civilization tilldate this industry of sports growing with leaps and bounds.Earlier it was rare that on any newspaper’s front page isloaded with sports activity, but now the situation in Indiahas arisen where the players are being bided in an openmarket and we see it on the front page that who is beingsold to whom at what price. The area that was usuallyconsidered to be for fun, now being taken as a career to makebig money. There are number of companies and sportscentre which are involved in it day and night and has creatednumber of jobs at a large scale. With all this back ground itsnot only players but also big multinationals who are beinginvolved in the competition of making huge money. But tilltoday in India we don’t have any sports legislation to takecare of number of problems. Although we have Entry 33 inthe State List under Schedule VII of the Indian Constitutionfor “Sports, Entertainments and Amusements” and someof the decided case under the Tort law (which again is uncodified law) and also under Indian Contract Act to governthe Players contract. But still what we are lacking is aconcrete Act to cover all the problems of the players and toprotecting their rights also.BROADCASTING AND TV RIGHTS(SPORTS) IN INDIA: A CRITICALANALYSISBy - Prahastha.M; Tridib BoseThe telecast of sports in popular media hascomprehensively evolved to keep in line with the enormouscommercial and public media tapping the popularity ofsports among the population of viewers. Variousbroadcasting agencies in India are often locked in a battlevying for the telecast rights of major sporting events, themost prominent of them being cricket. This has led to thedrafting of extensive and in some cases sophisticated legalrights for the exclusive or shared telecast of sport by theseagencies. The paper intends to critically analyse the lawsand acts in force to effectively distribute the broadcastingrights for sporting events in tele-media.The Sports Broadcasting Signals (Mandatory sharingwith Prasar Bharati) Act (commonly referred to as the ‘SportsBroadcasting Act’) lists various provisions that speak aboutthe mandatory sharing of broadcasting information by thecommercial media with the state owned media. This paperaims to examine the relevance of this act to cater to the hugeviewer base in the rural areas of India. The CentralGovernment of India is vested with the sole authority ofdetermining events of national importance and laying downthe criteria for formulating guidelines for the same. So far,none have been laid down. The paper discusses theimportance of swift resolve with regard to this issue whichcompromises on the evolution and reform of broadcastingrights in India. It also aims to discuss the other prominentintricacies of the act which deal with the broadcast of sportsclippings, time span of the same, and the defence of fairdealing. The act fails to address these issues effectively.STRICT LIABILITY IN WADABy - Sooraj Sharma and Shujoy MazumdarIn the International Sporting events the number of thecases involving doping, are on an alarming rise and at thisjuncture, where the law of sport regarding doping are in apremature state it is very important that the law not escapecritical analysis. The law of sport as it is being developedhas taken a lot of elements from various other branches oflaw, and one these branches are the common principles ofthe law of Tort. The inception of the concept of strict liabilitylies in the jurisprudence of the English courts and now hasfound its way into different legal systems and branches andthus warrants criticism and suggestions as it attainsacceptability in this field of sports law. The first documentto harmonise anti-doping regulations around the worldrecognized the fundamental rights of athletes to participatein a doping-free sport and applied the principle of strictR.K. JAIN - Sports Law Knowledge Lecture & Seminar - www.sportslawindia.info23

liability to maintain high standards of fairness. The objectof this paper is to examine the inconsistencies associatedwith doping control and explains the inequity which resultsfrom such inconsistent application of the principle of strictliability. This is achieved through an analysis of the WADAcode and the interrelationship with the principle of strictliability and an examination of a recent case of the muchcelebrated Spanish cyclist Alberto Contador.HARASSMENTS IN SPORTS: NEEDFOR EFFECTIVE IMPLEMENTATION(SPONSORSHIP AGREEMENTS)By - Anirudh Soman & Saksham MarwahIn recent years, sponsorship has become an increasinglyimportant part of sport and recreational industry. To sponsorsomething is to support an event, activity, person, ororganization financially or through the provision of productsor services. A sponsorship agreement or contract governsthe legal relationship between a sponsor and the individualwho is entitled to enforce the sponsorship obligation.Companies sign sponsorship agreements with sports entitiesbecause they believe that an association with them willgenerate an increase in the goodwill and resultant increasein the sales. As such there have been various disputesconcerning the enforceability of such agreements.SPORTS LAW : RETICULATION OFCOMPETITION AND INTELLECTUALPROPERTY LAWBy - Lauv KumarThe Competition laws have relative nexus to variousdimensions of sports. The sports activities are concernedwith fair and unhindered competition at International,National, Domestic or Individual level. Doping ,Discrimination on basis of nationality or race, withdrawalor non-recognition by International federations of nationalfederations, eligibility criteria’s, bans or suspension ofathletes, contractual disputes between athletes and sportsclub, all these pose hindrances for the purpose ofcompetition . Further analyzing the trend for a structuredpattern of international administration and disputeresolution under the auspices of Court of Arbitration forSport (CAS) and tracing the development of CASjurisprudence endeavoring for uniformity in internationalsports law.In India, competition regime with regard to sportsactivities is at a new born stage and the paper gives itscomparative analysis with legal systems of other countries.The need for structural and managerial changes in sportsorganizations to improve their responsibility andaccountability to general public and sportsperson,specifically referring to anti-competitive practices by BCCIand controversy between Indian Hockey Federation andHockey India.In India discrimination on the basis of Sex, Religion,Race, Caste or disability, sexual harassment, doping, poorinfrastructural facilities, lack of dispute redressalmechanism, low salary caps, are impediments tocompetition in sports. In India, due to rapid privatizationand commercialization of sports activities problemsconnected with IP Law has grown which include Trademarkand Copyright protection, Right to Publicity, and Ambushmarketing. IP law is constantly being invoked by Sportsassociations, Broadcasters and Sportsperson’s in courts oflaw and the paper presents a case analysis of ICCDevelopment (International) Ltd. vs Arvee Enterprises.LEGISLATOR’S HAS TO KICK HARDAND FAST INDIA NEEDS MOSTAWAITED ‘SPORTS LAW’ IN THELARGER INTEREST OF INDIANSPORTSBy: - Abhinav Kumar, & Nishant BhaskarSports Law became the Need of the hour. Sports Law isan umbrella term used to describe the legal issues applicableto amateur and professional sports. This concept of Law hasdrawn from elements of labor law, media law, contract law,competition law and tort law, sports law has emerged as adistinctive discipline of legal practice. Interestingly, sportslaw originated because of increased public dissatisfactionand media scrutiny of a variety of conflicts in franchise basedleagues. Today sport is one of the largest revenue generatingindustries in the world comprising 3% of the world trade;Cricket Control Board of India is one of the richest cricketclubs in Cricket World. The successful bidding to host aninternational sporting event is a unique opportunity fordeveloping countries to showcase their progress,development and their world standing through their softpower. Similarly this common Wealth Game was havinghuge impact for India; it spread the message that India iscountry who is ready to lead at all front. CWG in India wasthe platform through which India gave the message to theWorld about Incredible India, Indian Army, HighestDeveloping Nation, and of course about its DevelopingInfrastructure progress inside the country.But this change and fast development in sports fieldneeds a protection from the problems of anti-doping, sexualharassment and age fraud. In India sports is synonymousof controversy. Our National Game Hockey and recentsexual abuse in these sports also made our head downbecause for the sake of Money there is no ethics, No rule tofollow, and recent scam in cricket named IPL scam and LalitModi issue was shocking for us. Cricket Match Fixingconcept was shameful for whole sports world. In india sexualassault in different games, Corruption in Olympicfederations and the famous Ruchika molestation case byDGP Rathore, recent Death of National Kabaddi PlayerManisha Devi shows that India need an immediate and wellbalanced and Hard Law to protect the sports in the Country.Absence of sports Law shows our Failure to protect Indian24 R.K. JAIN - Sports Law Knowledge Lecture & Seminar - www.sportslawindia.info

Sportsperson that is why we are struggling hard to survivein Others Game except Cricket. India is such a diversecountry and in this era when the whole world has becomeglobal village, transportations and communication is not anissue. So development of sports has rocked the India. Indiais now emerging hub of Sports, So to protect this atmosphereof healthy sportsmanship we need immediately a law toprotect the rights of sports player, sports club etc.SQUARING THE OLYMPIC CIRCLE:HOW NATIONAL, INTERNATIONALAND GLOBAL LAWS CAN CO-EXISTWITH SPORTBy - Kris Lines (United Kingdom)To some, sport represents an informal, recreationalactivity played by neighborhood children; to others, sportis a multi-billion dollar global industry. Somewhatparadoxically, both viewpoints are correct. The global drawof mega sporting events such as the Olympics and theFootball World Cup has stripped away many of thetraditional national boundaries and tournaments such as theIndian and English Premier Leagues are no longer the solepreserve of their respective countries. Instead, each leagueis a successful global brand in its own right with a trulyinternationally fan-base. However while a sport may haveits roots in a national state, much of its governance,particularly in anti-doping, can only be decided withreference to global sports law issues.What this paper will discuss is the frameworkunderpinning sport in the twenty-first century. Variouslydescribed as Lex Sportiva, Lex Ludica, International Sportslaw, and Global Sports law, the paper will show how acomplex web of public and private governance exists, withthe Court of Arbitration for Sport (CAS) sitting at its apex.REGULATION OF SPORTS IN INDIA -AN OVERVIEW:CONSTITUTIONALAND OTHER MUNICIPAL LAWSBy – Kartik SethBodies controlling sporting activity around the worldfind themselves increasingly involved with the law. Thesituation is no different in India with sporting bodies suchas the Indian Olympic Association (IOA), the BCCI and otherNational Sports Federations (NSFs) have been subjected tolegal scrutiny over the past decade.Sports governing bodies are powerful organizations.Their regulatory powers are sometimes akin to the State.They lay down rules that affect not only the on-fieldactivities of sportspersons but also commercial transactionsthey may conduct, their employment relationships, personalconduct and drug use. Despite carrying out a range ofactivities usually reserved for organs of the State, the issueof whether sports governing bodies are elements of the Stateis a controversial one, with no definite answer. The reasonthis debate becomes important is because it raises thequestion as to the extent that sports governing bodies areaccountable for their actions, and the ability of individualsand entities to obtain redress against them.SPORTS LAW : A CONCEPTUAL VIEWBy - Dr. Mukesh Agarwal & Dr. Benu GuptaSports have become the life line of entertainment ingeneral public. It provides a platform to attain glory, nameand fame with career and money to the aspiring competitiveathletes. A country is said to be progressive if it can maintainits law and order and can provides an opportunity to thestake holders to improve their living standard with the riseof economy. Now mega sports events added to the progressof any of the Nation. That’s why; Nations are bidding to thehost the mega events like Olympic, World Camps, a said,Common Wealth etc.The importance of law could not be ignored in the sportsequally to the society effective execution of sports laws notonly enhance the glory of the mega event but also spreadthe message of ideal nation in the world.NECESSITIES AND AGENDA FOR THECOMPARATIVE STUDIES OF SPORTSLAWBy - Kee-Young YEUNProfessor of Law, Dongguk University, College of LawPresident of the Asian Council of Arbitration for Sports& Korean Association of Sports & Entertainment LawThe interchange of sports has been acknowledged asan effective means of exchange regardless the differencesbetween politics, language, and religion among the world.The International Sports Games such as Olympic Game,World Cup Games influenced the national sports industry,laws and policies. The enormous cooperation and promotionof mutual understandings among nations during theInternational Games also demonstrate the influence ofsports. To advance from this grassroots level ofunderstanding in the area of sport law in each country, it isvital that we take a look at various legal systems that havemore sports laws in place and analyze them to see whataspects of those systems might be suitable or adaptable toour own needs.The economical cooperation has twice as much effectiveresult when the interchange and cooperation of cultureincluding sports are stimulated. Therefore, it is obvious thatsports play a grave role in economy as well. If thecomparative studies of Sports Law and the activities ofacademic community are stimulated, the National SportsLaws and the International Sports Law will gain theiridentities and independenceR.K. JAIN - Sports Law Knowledge Lecture & Seminar - www.sportslawindia.info25

THE AGENDA OF ASIA SPORTS LAWBy - Kee-Young YEUNProfessor of Law, Dongguk University, College of LawPresident of the Asian Council of Arbitration for Sports &Korean Association of Sports & Entertainment LawAsian countries with diverse legal, social, and economicideologies and customs could create the Asian Sport lawthat is consistent throughout the region. Of course theanswer is yes; as mentioned above, the scholars who specifyin Asian law already have been trying hard to establishunique legal system that fits social, economical, and regionalcharacteristics of Asia. Especially the Asian Sports law iseasier to develop comparing to other laws since it has lesspossibility that other political, religious, and regional factorsintervene in the development of the law. Regionalization ofAsia should be practiced in order to build an AsianCommunity. In Indonesia 2004, 10 ASEAN nations andKorea, China, and Japan have agreed to economicallycooperate by founding Asian bank. Such economicalcooperation has twice as much effective result when theinterchange and cooperation of culture including sports arestimulated. Therefore, it is obvious that sports play a graverole in Asian economy as well. If the studies of Asian SportsLaw and the activities of academic community arestimulated, the Sports Laws of each Asian country and theAsian Sports Law will gain their identities andindependence.DOPING AND CAS JURISPRUDENCE:SPORTS LAWby - S.K. Mohanty,Advocate, Supreme Court of India;Abhishek Kumar & Meghna PattnaikThe Olympic Charter and the constitutions and bylawsof international sports federations have made it the use ofillegal enhancement drugs contravenes the spirit of fairnessin sports. Drug use is forbidden in all Olympic competition,and competitors are subjected to examinations carried outin conformity with IOC medical competitors. Teams thatbenefit from their members use of drugs are disqualifiedand excluded under Olympic rules.The IOC requires that each competition site haveadequate testing facilities and that each competitor agree tosubmit to a possible examination at the risk of examination.If an athlete refuses to submit to an examination or is foundto have used a drug, he is excluded from competition.When a team member is involved, the competition inwhich the infringement occurred is forfeited by the team.There are degrees of variance in the range of penalties thatshift according to whether the use was deliberate oraccidental or whether the uses constituted a first or secondoffense. An offense during competition leads minimally tosuspension and forfeiture of all medals won.EMERGING TRENDS OF SPORTS LAWIN INDIABy - Avinash MohapatraSports Law, being an emerging area of practice triggersthe need for Dispute resolution mechanism and enforcementof the same. With the commercialization of sports like cricketand football at the club level (e.g. IPL and EPL), the need isfelt to regulate Players’ and teams’ Contract management.(i) Standard Players’ Contract: is generally in theform of standard wording which differs with thesalary and bonus payable to the players. There isa need for skilled lawyers while includingaddendums to the same.(ii) Endorsement Contract(iii) Appearance contractThe establishment of the Sports Authority of India needsto be backed by equitable regulations and procedures ofenforcement.Betting in sports: Is it time for India to be more liberaland permit legal betting ?Drafting the terms of contract while employing anathlete or a sportsman. The safeguards:(i)(ii)(iii)(iv)(v)(vi)(vii)The terms of hiringThe duties and obligations of a sportsmanAmounts of compensationPayment of bonusCompliance with the rules of Sports Authority ofIndiaRight of employer to assign the contractRight of employer to prevent from playing forothersApplicability of Workmen’s Compensation Act onsportsmen and athletes.(during injuries faced in the courseof employment)Sports Insurance Provisions: This would involve riskassessment insurance provisions for potential liabilities,claims and compensation.Sports Insurance would not relieve an athlete or eventfrom negligent behaviour. However, having insurance doesensure that if a jury believes that damages be awarded, theinsurance company steps in to do the same. (e.g. HarbhajanSingh’s indiscipline in IPL 3)The way forward: Learning from other jurisdictions’legal framework, introducing sports law as a subject at thelaw school level, to promote research on drafting The SportsAct of India.26 R.K. JAIN - Sports Law Knowledge Lecture & Seminar - www.sportslawindia.info

SPORTSLaw & BusinessIn collaboration with TMC ASSER International Sports LawAcademy, the Hague and AICPE & Sports Law IndiaJoint Certification by UILS & All India Council of Physical Educationand TMC Asser International Sports Law Academy, the Hague• Classroom Tutorials by Experienced International/IndigenousFaculty of Sports Law• Study Material : Comprehensive, Relevant Based on Latest GlobalTrends & Laws of Sports and Court of Arbitration for Sports• Three Weeks Internship training at TMC ASSER Institute ofInternational Sports Law at Hague(Travelling, Lodging & Boarding has to be borne by the students)International Sports Law CentreCORPORATE OFFICE : CM-3, Dilkhush Industrial Estate,(Near Azadpur Metro Station), G.T. Karnal Road, Delhi-110033Phs.: 011-27215334, 27438103, 42381334, Fax: 011-27458529Admission Office & Study Material Collection Centre:C-27, Middle Circle (Between Odeon Big Cinemas & PVR Plaza)Connaught Place, New Delhi-110001Study Centres :NEW DELHI : Connaught Place : Phs.: 9811124045, 9810772036Pitam Pura / Shalimar Bagh : Phs.: 9811124045, 9810772036Rajouri Garden : Phs.: 011-45510028, 9250838500, 9350732988Vikas Marg : Phs. 011-24555314, 9971580580BANGALORE : Phs.: 9845664045, 9945536878BHOPAL : Phs.: 0755 - 4055888, 9893023458INDORE : Phs.: 0731-4055888, 9893046888KOLKATA : Phs.: 033-23589532, 9433763932, 9874115141RAIPUR : Ph: 9329363828UDAIPUR : Ph: 09971580580E-mail: info@unilawinstitute.comUNIVERSAL'STraining Programme forInternational